hb1032_00

As Introduced

136th General Assembly

Regular Session H. B. No. 1032

2025-2026

To amend sections 4112.01, 4112.051, 4112.052, 4113.31, 4113.71, 4117.08, and 4141.28 and to enact sections 125.17, 125.50, 4112.025, 4145.01, 4145.02, 4145.03, 4145.04, 4145.05, 4145.06, 4145.07, 4145.08, 4145.09, 4145.10, 4145.11, 4145.12, and 4145.13 of the Revised Code regarding the use of artificial intelligence systems by state agencies and in various labor and employment contexts.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4112.01, 4112.051, 4112.052, 4113.31, 4113.71, 4117.08, and 4141.28 be amended and sections 125.17, 125.50, 4112.025, 4145.01, 4145.02, 4145.03, 4145.04, 4145.05, 4145.06, 4145.07, 4145.08, 4145.09, 4145.10, 4145.11, 4145.12, and 4145.13 of the Revised Code be enacted to read as follows:

Sec. 125.17. (A)(1) As used in this section, "artificial intelligence" means both of the following:

(a) An artificial system that meets any of the following criteria:

(i) The artificial system performs tasks under varying and unpredictable circumstances without significant human oversight or is able to learn from experience and improve its performance when exposed to data sets.

(ii) The artificial system is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(iii) The artificial system is designed to think or act like a human, including a cognitive architecture or neural network.

(iv) The artificial system is designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making, or action.

(b) A set of techniques, including machine learning, that is designed to approximate a cognitive task.

(2) "Artificial intelligence" does not include any word processing, spreadsheet, map navigation, web hosting, domain registration, networking, caching, internet web site loading, data storage, firewall, antivirus, antimalware, spam and robocall filtering, spellchecking, calculator, database, or other similar software or technology.

(B) Not later than December 31, 2027, and not later than the thirty-first day of December of each year thereafter, each state agency shall submit to the director of administrative services an inventory of all systems that use artificial intelligence that are in use by the state agency. Each state agency shall include in the inventory all of the following information for each system:

(1) The name of the system and the vendor, if any, that provided the system;

(2) A description of the general capabilities and uses of the system;

(3) Whether the system was used to independently make, inform, or materially support a conclusion, decision, or judgment;

(4) Whether the system underwent a bias audit under section 4145.08 of the Revised Code before being implemented;

(5) The date on which the last impact assessment was conducted;

(6) Whether the system has access to personally identifiable information of individuals in this state;

(7) The cost of time savings provided by the system;

(8) The potential risks of the system toward individuals in this state, communities, and state employees.

(C) Not later than February 1, 2028, and not later than the first day of February of each year thereafter, the director shall do both of the following:

(1) Prepare a master inventory that compiles the information submitted under division (B) of this section;

(2) Make the master inventory publicly available on the department of administrative services' web site.

(D) Beginning February 1, 2028, the director shall perform an ongoing assessment of systems that use artificial intelligence that are in use by each state agency to verify that the systems do not result in either of the following:

(1) Any unlawful discriminatory practice as defined under section 4112.01 of the Revised Code;

(2) Any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability, or lawful source of income.

(E) The director shall perform each assessment required under division (D) of this section in accordance with the policies established by the director. The director shall adopt rules in accordance with Chapter 119. of the Revised Code to establish the policies.

Sec. 125.50. (A) As used in this section, "artificial intelligence system" means any automated system that uses machine learning, data analytics, predictive modeling, or statistical algorithms to automate tasks traditionally performed by human workers. "Artificial intelligence system" does not include any word processing, spreadsheet, map navigation, web hosting, domain registration, networking, caching, internet web site loading, data storage, firewall, antivirus, antimalware, spam and robocall filtering, spellchecking, calculator, database, or other similar software or technology.

(B) No state agency, or any entity acting on behalf of a state agency, shall, directly or indirectly, use or apply any artificial intelligence technology in performing any function that meets either of the following criteria:

(1) The function is related to the delivery of any public assistance benefit to individuals in this state.

(2) The function will have a material impact on the rights, civil liberties, safety, or welfare of individuals in this state, unless the use or application specifically is authorized by law.

(C) No state agency shall authorize any procurement, purchase, or acquisition of any artificial intelligence technology, except where the use of the technology specifically is authorized by law.

(D) If a state agency is authorized to procure, purchase, or acquire artificial intelligence technology, before deploying any artificial intelligence technology that the state agency has procured, purchased, or acquired, the state agency shall contract with an independent auditor to conduct a bias audit pursuant to section 4145.08 of the Revised Code.

(E)(1) A state agency that contracts for a bias audit to be conducted in accordance with division (D) of this section shall do both of the following:

(a) Submit the results of the audit to the director of administrative services in the form and manner prescribed by the director;

(b) Post the audit's results on the state agency's internet web site not later than sixty days before the state agency deploys the artificial intelligence technology.

(2) A state agency, before posting the results of any bias audit on the state agency's internet web site as required under division (E)(1)(b) of this section, may redact any data contained in the audit to remove the personally identifiable information of any individual.

Sec. 4112.01. (A) As used in this chapter:

(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. "Person" also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, appraiser, agent, employee, lending institution, and the state and all political subdivisions, authorities, agencies, boards, and commissions of the state.

(2) "Employer" means the state, any political subdivision of the state, or a person employing four or more persons within the state, and any agent of the state, political subdivision, or person.

(3) "Employee" means an individual employed by any employer but does not include any individual employed in the domestic service of any person.

(4) "Labor organization" includes any organization that exists, in whole or in part, for the purpose of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in relation to employment.

(5) "Employment agency" includes any person regularly undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer, or place employees.

(6) "Commission" means the Ohio civil rights commission created by section 4112.03 of the Revised Code.

(7) "Discriminate" includes segregate or separate.

(8) "Unlawful discriminatory practice" means any act prohibited by section 4112.02, 4112.021, or 4112.022, or 4112.025 of the Revised Code.

(9) "Place of public accommodation" means any inn, restaurant, eating house, barbershop, public conveyance by air, land, or water, theater, store, other place for the sale of merchandise, or any other place of public accommodation or amusement of which the accommodations, advantages, facilities, or privileges are available to the public.

(10) "Housing accommodations" includes any building or structure, or portion of a building or structure, that is used or occupied or is intended, arranged, or designed to be used or occupied as the home residence, dwelling, dwelling unit, or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and any vacant land offered for sale or lease. "Housing accommodations" also includes any housing accommodations held or offered for sale or rent by a real estate broker, salesperson, or agent, by any other person pursuant to authorization of the owner, by the owner, or by the owner's legal representative.

(11) "Restrictive covenant" means any specification limiting the transfer, rental, lease, or other use of any housing accommodations because of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, sex, military status, familial status, national origin, disability, or ancestry as a condition of affiliation or approval.

(12) "Burial lot" means any lot for the burial of deceased persons within any public burial ground or cemetery, including, but not limited to, cemeteries owned and operated by municipal corporations, townships, or companies or associations incorporated for cemetery purposes.

(13) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.

(14) Except as otherwise provided in section 4112.021 of the Revised Code, "age" means an individual aged forty years or older.

(15) "Familial status" means either of the following:

(a) One or more individuals who are under eighteen years of age and who are domiciled with a parent or guardian having legal custody of the individual or domiciled, with the written permission of the parent or guardian having legal custody, with a designee of the parent or guardian;

(b) Any person who is pregnant or in the process of securing legal custody of any individual who is under eighteen years of age.

(16)(a) Except as provided in division (A)(16)(b) of this section, "physical or mental impairment" includes any of the following:

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;

(ii) Any mental or psychological disorder, including, but not limited to, intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

(iii) Diseases and conditions, including, but not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, intellectual disability, emotional illness, drug addiction, and alcoholism.

(b) "Physical or mental impairment" does not include any of the following:

(i) Homosexuality and bisexuality;

(ii) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(iii) Compulsive gambling, kleptomania, or pyromania;

(iv) Psychoactive substance use disorders resulting from the current illegal use of a controlled substance or the current use of alcoholic beverages.

(17) "Dwelling unit" means a single unit of residence for a family of one or more persons.

(18) "Common use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of the building or their guests, and includes, but is not limited to, hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings.

(19) "Public use areas" means interior or exterior rooms or spaces of a privately or publicly owned building that are made available to the general public.

(20) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(21) "Disabled tenant" means a tenant or prospective tenant who is a person with a disability.

(22) "Military status" means a person's status in "service in the uniformed services" as defined in section 5923.05 of the Revised Code.

(23) "Aggrieved person" includes both of the following:

(a) Any person who claims to have been injured by any unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code;

(b) Any person who believes that the person will be injured by any unlawful discriminatory practice described in division (H) of section 4112.02 of the Revised Code that is about to occur.

(24) "Unlawful discriminatory practice relating to employment" means both of the following:

(a) An unlawful discriminatory practice that is prohibited by division (A), (B), (C), (D), (E), or (F) of section 4112.02 or by section 4112.025 of the Revised Code;

(b) An unlawful discriminatory practice that is prohibited by division (I) or (J) of section 4112.02 of the Revised Code that is related to employment.

(25) "Notice of right to sue" means a notice sent by the commission to a person who files a charge under section 4112.051 of the Revised Code that states that the person who filed the charge may bring a civil action related to the charge pursuant to section 4112.052 or 4112.14 of the Revised Code, in accordance with section 4112.052 of the Revised Code.

(B) For the purposes of divisions (A) to (F) of section 4112.02 of the Revised Code, the terms "because of sex" and "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in division (B) of section 4111.17 of the Revised Code shall be interpreted to permit otherwise. This division shall not be construed to require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion, provided that nothing in this division precludes an employer from providing abortion benefits or otherwise affects bargaining agreements in regard to abortion.

Sec. 4112.025. (A) As used in this section:

(1) "Adverse action relating to employment" means discharging without just cause, refusing to hire, or otherwise discriminating against an individual with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.

(2)(a) "Automated employment-related decision process" means a computational process that makes, assists in making, or is used in the course of making a decision regarding a term or condition of employment. "Automated employment-related decision process" includes a computational process that does any of the following:

(i) Uses a computer-based assessment or test to make a predictive assessment concerning an applicant or employee, to measure the skills, dexterity, reaction time, or any other ability or characteristic of an applicant or employee, to measure the personality traits, aptitude, attitude, or cultural fit of an applicant or employee, or to screen, evaluate, categorize, or recommend an applicant or employee;

(ii) Directs job advertisements or other recruiting materials to targeted groups;

(iii) Screens resumes for particular terms or patterns;

(iv) Analyzes a facial expression, word choice, or voice captured during an online interview;

(v) Analyzes data acquired from a third party concerning an applicant or employee.

(b) "Automated employment-related decision process" does not include any word processing, spreadsheet, map navigation, web hosting, domain registration, networking, caching, internet web site loading, data storage, firewall, antivirus, antimalware, spam and robocall filtering, spellchecking, calculator, database, or similar software or technology insofar as the software or technology does not make a decision regarding any term or condition of employment.

(B) It shall be an unlawful discriminatory practice for any employer to do either of the following:

(1) Use an automated employment-related decision process in any manner that has the effect of causing the employer to take an adverse action relating to employment because of an individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, disability, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault, or status as a victim of trafficking in persons;

(2) Fail to provide to any individual advance written notice disclosing, at a minimum, both of the following:

(a) That an automated employment-related decision process will be used to make, to assist in making, or in the course of making a decision related to the individual's employment;

(b) The trade name of the automated employment-related decision process and the types and sources of personal information concerning the individual that the automated employment-related decision process will process or analyze.

Sec. 4112.051. (A) As used in this section:

(1) "Complainant" means a person who files a charge under this section.

(2) "Respondent" means a person who is the subject of a charge filed under this section.

(B) The Ohio civil rights commission, as provided in this section, shall prevent any person from engaging in unlawful discriminatory practices relating to employment. The commission may at any time attempt to resolve allegations of unlawful discriminatory practices relating to employment by the use of alternative dispute resolution, provided that, before instituting the formal hearing authorized by this section, it shall attempt, by informal methods of conference, conciliation, and persuasion, to induce compliance with this chapter.

(C)(1) Any person who believes that a person has been the subject of an unlawful discriminatory practice relating to employment may file a charge with the commission alleging either or both of the following:

(a) That an employer, employment agency, personnel placement service, or labor organization has engaged or is engaging in an unlawful discriminatory practice relating to employment;

(b) That a person has engaged in an unlawful discriminatory practice relating to employment described in division (A)(24)(b) of section 4112.01 of the Revised Code.

(2) A charge under this section shall be in writing, under oath, and shall be filed with the commission within two years after the alleged unlawful discriminatory practice was committed.

(3) An oath under this section may be made in any form of affirmation the person considers binding on the person's conscience. Acceptable forms include, but are not limited to, declarations made under penalty of perjury.

(4) Any charge timely received, via facsimile, postal mail, electronic mail, or otherwise, may be signed under oath after the limitations period for filing set forth under division (C) of this section and will relate back to the original filing date.

(D)(1) Upon receiving a charge under this section, the commission may initiate a preliminary investigation to determine whether it is probable that an alleged unlawful discriminatory practice relating to employment has occurred or is occurring. The commission also may conduct, on its own initiative and independent of the filing of any charge, a preliminary investigation relating to any alleged unlawful discriminatory practice relating to employment. Before a notification of a complainant under division (E) of this section or before the commencement of informal methods of conference, conciliation, and persuasion, or alternative dispute resolution, under division (F) of this section, the members of the commission and the officers and employees of the commission shall not make public in any manner and shall retain as confidential all information that was obtained as a result of or that otherwise pertains to a preliminary investigation.

(2) With respect to a charge filed under division (C) of this section that alleges an unlawful discriminatory practice relating to employment, the complainant may request in writing that the commission cease its preliminary investigation and issue a notice of right to sue to the complainant. If the commission ceases its preliminary investigation, it shall issue a notice of right to sue to the complainant. The complainant is prohibited from refiling the charge with the commission.

(E) If, after a preliminary investigation, the commission determines that it is not probable that an unlawful discriminatory practice relating to employment has occurred or is occurring, the commission shall notify the complainant of its determination and that it will not issue a complaint in the matter. The commission shall include a notice of right to sue in the notice.

(F)(1) If, after a preliminary investigation, the commission determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring, the commission shall notify the complainant and the respondent of its determination and, in the notice the commission issues to the complainant, inform the complainant that the complainant may withdraw the charge and file a civil action under this chapter. If the complainant does not withdraw the charge, the commission shall endeavor to eliminate the alleged unlawful discriminatory practice relating to employment by informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution.

(2) If, after the use of the informal methods of conference, conciliation, and persuasion, or alternative dispute resolution, the commission is satisfied that the unlawful discriminatory practice in question will be eliminated, the commission may treat the charge as being conciliated and enter that disposition on the records of the commission.

(3) Nothing said or done during informal methods of conference, conciliation, or persuasion, or during alternative dispute resolution, under this section shall be disclosed by any member of the commission or its staff or be used as evidence in any subsequent hearing or other proceeding.

(G) If the commission fails to effect the elimination of the alleged unlawful discriminatory practice relating to employment and is unable to obtain voluntary compliance with this chapter through informal methods of conference, conciliation, and persuasion, or by alternative dispute resolution under this section, the commission shall issue and cause to be served upon any person, including the respondent, a complaint.

(1) The complaint shall state the charges involved and shall contain a notice of a hearing before the commission, a member of the commission, or a hearing examiner, as well as the hearing's location. Any such hearing shall be held in the county in which the alleged unlawful discriminatory practice occurred or is occurring or in which the respondent transacts business, and shall be held not less than thirty days after service of the complaint. After issuing a complaint, the commission may do any of the following:

(a) Upon the request of a complainant that the commission receives not later than thirty days before the date of the hearing, dismiss the complaint;

(b) Eliminate the alleged unlawful discriminatory practice relating to employment by the informal methods described in division (F)(1) of this section and treat the charge as being conciliated as provided in division (F)(2) of this section;

(2) The attorney general shall represent the commission at any such hearing and shall present the evidence in support of the complaint.

(3) Any complaint issued pursuant to this division after the filing of a charge under this section shall be issued within one year after the complainant filed the charge with respect to an alleged unlawful discriminatory practice relating to employment.

(4) Any such complaint may be amended by the commission, a member of the commission, or the commission's legal counsel at any time prior to the hearing if the respondent is given sufficient and reasonable notice. The respondent shall have the right to file an answer or an amended answer to the original, and any amended, complaints.

(5) The respondent shall have the right to appear at the hearing in person, by attorney, or otherwise to examine and cross-examine witnesses.

(6) The complainant shall be a party to a hearing under this section. Any person who is an indispensable party to a complete determination or settlement of the complaint central to the hearing shall be joined.

(7) For any hearing initiated under this section, the commission, a member of the commission, or a hearing officer is not bound by the Rules of Evidence, but shall take into account all reliable, probative, and substantial statistical or other evidence produced at the hearing that may prove the existence of a predetermined pattern of employment or membership.

(8)(a) The testimony provided during a hearing under this section shall be under oath and shall be transcribed in writing and filed with the commission.

(b) The commission, at its discretion, may hear further testimony or argument after the initial hearing if notice, that indicates an opportunity to be present, is provided to the complainant and the respondent.

(H) If, after a hearing carried out under division (G) of this section, the commission determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice relating to employment, whether against the complainant or others adversely affected by the allegations in the complaint, the commission shall state its findings of fact and conclusions of law and shall issue and cause to be served to the respondent, subject to the provisions of Chapter 119. of the Revised Code, an order to cease and desist from the unlawful discriminatory practice.

(1) The order shall require the respondent to take affirmative or other action necessary to effectuate the purposes of this chapter, including hiring, reinstating, or promoting the complainant or others adversely affected by the unlawful discriminatory practice and shall require the respondent to report to the commission the manner of compliance.

(2)(a) The order may require back pay or admission or restoration to union membership.

(b) If the order requires back pay, the commission shall take into account earnings collected during the resolution of the complaint.

(3) Upon receipt of the report of compliance required under this division, the commission may issue a declaratory order stating that the respondent has ceased to engage in the unlawful discriminatory practices that were the subject of the complaint.

(I) If, after a hearing carried out under division (G) of this section, the commission finds that a respondent has not engaged in any unlawful discriminatory practice relating to employment against the complainant or others, it shall issue an order stating its findings of fact and dismissing the complaint to the complainant, respondent, and any other affected party. A copy of the order shall also be delivered to the attorney general and any other public officer the commission considers appropriate.

(J) The commission, subject to Chapter 119. of the Revised Code, upon reasonable notice to the respondent and claimant and in the manner it considers proper, may modify or set aside, in whole or in part, any finding or order made under this section until the time period for appeal set forth in section 4112.06 of the Revised Code has passed.

(K) The commission shall adopt rules, in accordance with Chapter 119. of the Revised Code, to carry out this section.

(L) Nothing in this section requires any person to observe in hiring the proportion that persons of any race, color, religion, sex, military status, familial status, national origin, disability, age, or ancestry bear to the total population or in accordance with any other criteria than the qualifications of applicants.

(M) The issuance of a notice of right to sue by the commission under this section does not prohibit the commission from offering assistance to the person to whom the notice was issued.

(N) If a complainant requests a notice of right to sue under this section less than sixty days after filing a charge pursuant to division (C) of this section, the commission shall not grant the request until at least sixty days after the complainant filed the charge. If a complainant requests a notice of right to sue under this section sixty or more days after filing a charge, the commission may immediately grant the request.

(O) In any hearing initiated under this section alleging an unlawful discriminatory practice relating to employment in violation of section 4112.025 of the Revised Code involving an automated employment-related decision process, the commission, a member of the commission, or a hearing officer shall consider any evidence, or lack of evidence, of antibias testing or similar proactive efforts to avoid the discriminatory practice, including the quality, efficacy, recency, and scope of the testing or efforts, the results of the testing or efforts, and any action taken in response to the testing or efforts.

Sec. 4112.052. (A) Subject to division (B) of this section, and except as provided in division (D)(2) of section 4112.14 of the Revised Code, a person alleging an unlawful discriminatory practice relating to employment ~~in violation of section 4112.02 of the Revised Code~~ may bring a civil action in a court of competent jurisdiction.

(B)(1) Except as otherwise provided in division (B)(2) of this section, a person may file a civil action under this section alleging an unlawful discriminatory practice relating to employment or a violation of division (A) of section 4112.14 of the Revised Code only if the person satisfies both of the following conditions:

(a) The person has first filed a charge with the Ohio civil rights commission under section 4112.051 of the Revised Code with respect to the practice complained of in the complaint for the civil action within the time period required under that section.

(b) One of the following occurs:

(i) The person receives a notice of right to sue from the Ohio civil rights commission pursuant to section 4112.051 of the Revised Code.

(ii) The person has requested a notice of right to sue from the Ohio civil rights commission, and the commission fails to issue the notice of right to sue within forty-five days after the date the commission is permitted to grant the request under division (N) of section 4112.051 of the Revised Code.

(iii) The Ohio civil rights commission, after a preliminary investigation conducted pursuant to a charge filed under section 4112.051 of the Revised Code, determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring and the complainant, after being informed by the commission of the right to file a civil action under this chapter, elects to file a civil action and notifies the commission of that fact.

(2) A person may file a civil action under this section alleging an unlawful discriminatory practice relating to employment or a violation of division (A) of section 4112.14 of the Revised Code without satisfying the conditions of division (B)(1) of this section if either of the following apply:

(a) The person seeks only injunctive relief.

(b) All of the following occur:

(i) The person has filed a charge with the Ohio civil rights commission under section 4112.051 of the Revised Code with respect to the practice complained of in the complaint for the civil action within the time period required under that section.

(ii) The person has filed a charge with the equal employment opportunity commission or its successor organization with respect to the practice complained of in the complaint for the civil action within the time period required under federal law.

(iii) The person has received a notice from the equal employment opportunity commission or its successor organization that states that the person may bring a civil action against the employer and the notice was sent in connection with the charge filed with the equal employment opportunity commission or its successor organization.

(3) With respect to an action described in division (B)(2)(a) of this section, the person may amend the complaint to include damages, but the amendment will relate back to the original filing date of the complaint in the action only after one of the following occurs:

(a) The person receives a notice of right to sue from the Ohio civil rights commission pursuant to section 4112.051 of the Revised Code.

(b) The person has requested a notice of right to sue from the Ohio civil rights commission, and the commission fails to issue the notice of right to sue within forty-five days after the date the commission is permitted to grant the request under division (N) of section 4112.051 of the Revised Code.

(c) The Ohio civil rights commission, after a preliminary investigation conducted pursuant to a charge filed under section 4112.051 of the Revised Code, determines that it is probable that an unlawful discriminatory practice relating to employment has occurred or is occurring and the complainant, after being informed by the commission of the right to file a civil action under this chapter, elects to file a civil action and notifies the commission of that fact.

(4) With respect to an unlawful discriminatory practice relating to employment described in division (A)(24)(b) of section 4112.01 of the Revised Code, a charge filed with the Ohio civil rights commission or the equal employment opportunity commission satisfies division (B)(1)(a) or divisions (B)(2)(b)(i) and (ii) of this section if both of the following apply:

(a) The charge is related to the conduct alleged in the complaint for the civil action;

(b) The charge is filed against the person who committed the unlawful discriminatory practice, the employer of the person who committed the unlawful discriminatory practice, or both the person who committed the unlawful discriminatory practice and the person's employer.

(C)(1) Except as provided in division (C)(2) of this section, a civil action brought under this section shall be filed within two years after the alleged unlawful discriminatory practice was committed.

(2) The time period to file a civil action shall be tolled for one of the following periods, as applicable:

(a) If a charge that is based, in whole or in part, on the same allegations and practices was filed under section 4112.051 of the Revised Code less than sixty days before the time period specified under that section expires, the time period to file a civil action is tolled for the period beginning on the date the charge was filed and ending on the date that is sixty days after the charge is no longer pending with the commission.

(b) If a charge that is based, in whole or in part, on the same allegations and practices was filed under section 4112.051 of the Revised Code sixty or more days before the time period specified under that section expires, the time period to file a civil action is tolled for the period beginning on the date the charge was filed and ending on the date the charge is no longer pending with the commission.

(D) A civil action based on 42 U.S.C. 1981a, 42 U.S.C. 1983, and 42 U.S.C. 1985 shall be brought within two years after the cause of action accrues. The period of limitations set forth in this division does not apply to causes of action based on 42 U.S.C. 1981 as amended by the "Civil Rights Act of 1991," Pub. L. No. 102-166.

(E) The Ohio civil rights commission may intervene in a civil action if the commission determines that the case is of public importance.

(F) In any civil action brought under this section alleging an unlawful discriminatory practice relating to employment in violation of section 4112.025 of the Revised Code involving an automated employment-related decision process, the court shall consider any evidence, or lack of evidence, of antibias testing or similar proactive efforts to avoid the discriminatory practice, including the quality, efficacy, recency, and scope of the testing or efforts, the results of the testing or efforts, and any action taken in response to the testing or efforts.

Sec. 4113.31. (A) As used in this section:

(1) "Employer," "mass layoff," and "plant closing" have the same meanings as in the WARN Act and 20 C.F.R. 639.3.

(2) "WARN Act" means the "Worker Adjustment and Retraining Notification (WARN) Act," 29 U.S.C. 2101, et seq.

(B) An employer in this state shall comply with all requirements in the WARN Act and 20 C.F.R. 639.1 to 639.10. ~~The~~ Except as otherwise provided in division (G) of this section, the requirements specified in this section do not establish a different standard than that established by federal statutes and regulations.

(C) In accordance with 29 U.S.C 2101(a)(1)(B), an employer must provide the notice required by 29 U.S.C. 2102(a) if both of the following apply:

(1) The employer employs one hundred or more employees who in the aggregate work at least four thousand hours a week.

(2) The employer lays off fifty or more employees at a single site of employment during any thirty-day period.

(D) An employer is not required to provide the notice described in 29 U.S.C. 2102(a) when a plant closing or mass layoff constitutes a strike or constitutes a lockout as described in 29 U.S.C. 2103 and 20 C.F.R. 639.5(d).

(E) In accordance with 29 U.S.C 2102(a)(1), not less than sixty days before the date a plant closing or mass layoff begins, an employer shall provide written notice of the closing or layoff to affected employees' authorized representatives or, if there are no such representatives at the time, to each affected employee.

(1) The employer shall include all of the following in a notice provided to affected employees' authorized representatives:

(a) The location of the facility affected by the plant closing or mass layoff;

(b) A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;

(c) The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees' employment will cease;

(d) The total number of employees affected by the plant closing or mass layoff, including the employees' job titles or positions and any department or division impacted.

(2) The employer shall include all of the following in a notice provided to affected employees' who do not have an authorized representative at the time the notice is sent:

(a) A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;

(b) The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees' employment will cease;

(c) An indication as to whether an affected employee has bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights;

(d) Information on how affected employees can access unemployment insurance benefits and other assistance programs;

(e) The name, title, and contact information of an employer representative who can answer questions about the plant closing or mass layoff;

(f) Information about any available services for an affected employee, including job placement assistance, retraining programs, or counseling services.

(F) In accordance with 29 U.S.C 2102(a)(2), an employer shall provide written notice of a plant closing or mass layoff to the director of job and family services and to the chief elected official of the municipal corporation and the county where the plant closing or mass layoff is to occur. The written notice shall include the same information required under division (E) of this section and all of the following:

(1) A description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for affected employees;

(2) The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization;

(3) A copy of the notice provided to affected employees or their representatives, as applicable.

(G) In addition to the information an employer is required to include in the written notice under division (F) of this section, the employer shall include information regarding whether the plant closing or mass layoff is related to the employer's use of any machine-based system that, for any explicit or implicit objective, infers from the inputs that the system receives how to generate outputs, including synthetic digital content, or another technological change.

(H) The period within which an employer shall provide notice may be reduced or waived under the circumstances described in 29 U.S.C. 2102(b).

~~(H)~~(I) The director of job and family services may issue guidance and procedures for the submission and review of notices by employers.

~~(I)~~(J) When an employer fails to comply with the WARN Act, an affected employee may seek the remedies specified in 29 U.S.C. 2104.

Sec. 4113.71. (A) As used in this section:

(1) "Employee" means an individual currently or formerly employed by an employer.

(2) "Employer" means the state, any political subdivision of the state, any person employing one or more individuals in this state, and any person directly or indirectly acting in the interest of the state, political subdivision, or such person.

(3) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.

(B) An employer who is requested by an employee or a prospective employer of an employee to disclose to a prospective employer of that employee information pertaining to the job performance of that employee for the employer and who discloses the requested information to the prospective employer is not liable in damages in a civil action to that employee, the prospective employer, or any other person for any harm sustained as a proximate result of making the disclosure or of any information disclosed, unless the plaintiff in a civil action establishes, either or both of the following:

(1) By a preponderance of the evidence that the employer disclosed particular information with the knowledge that it was false, with the deliberate intent to mislead the prospective employer or another person, in bad faith, or with malicious purpose;

(2) By a preponderance of the evidence that the disclosure of particular information by the employer constitutes an unlawful discriminatory practice described in section 4112.02, 4112.021, or 4112.022, or 4112.025 of the Revised Code.

(C) If the court finds that the verdict of the jury was in favor of the defendant, the court shall determine whether the lawsuit brought under division (B) of this section constituted frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code~~, if~~. If the court finds by a preponderance of the evidence that the lawsuit constituted frivolous conduct, it may order the plaintiff to pay reasonable attorney's fees and court costs of the defendant.

(D)(1) This section does not create a new cause of action or substantive legal right against an employer.

(2) This section does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which an employer may be entitled under circumstances not covered by this section.

Sec. 4117.08. (A) All matters pertaining to wages, hours, or terms and other conditions of employment, including a public employer's use of artificial intelligence technology, and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code.

(B) Neither of the following are appropriate subjects for collective bargaining:

(1) The conduct and grading of civil service examinations, the rating of candidates, the establishment of eligible lists from the examinations, and the original appointments from the eligible lists;

(2) For collective bargaining agreements that are entered into on or after ~~the effective date of this amendment~~September 30, 2025, the ability of state employees to perform their duties at a location designated as a worksite.

(C) Unless a public employer agrees otherwise in a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to:

(1) Determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;

(2) Direct, supervise, evaluate, or hire employees;

(3) Maintain and improve the efficiency and effectiveness of governmental operations;

(4) Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;

(5) Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees;

(6) Determine the adequacy of the work force;

(7) Determine the overall mission of the employer as a unit of government;

(8) Effectively manage the work force;

(9) Take actions to carry out the mission of the public employer as a governmental unit.

The employer is not required to bargain on subjects reserved to the management and direction of the governmental unit except as affect wages, hours, terms and conditions of employment, including the employer's use of artificial intelligence technology, and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement. A public employee or exclusive representative may raise a legitimate complaint or file a grievance based on the collective bargaining agreement.

(D) As used in this section, "artificial intelligence technology" means any automated system that uses machine learning, data analytics, predictive modeling, or statistical algorithms to automate tasks traditionally performed by human workers.

Sec. 4141.28. BENEFITS

(A) FILINGS

Applications for determination of benefit rights and claims for benefits shall be filed with the director of job and family services. Such applications and claims also may be filed with an employee of another state or federal agency charged with the duty of accepting applications and claims for unemployment benefits or with an employee of the unemployment insurance commission of Canada.

When an unemployed individual files an application for determination of benefit rights, the director shall furnish the individual with an explanation of the individual's appeal rights. The explanation shall describe clearly the different levels of appeal and explain where and when each appeal must be filed.

(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS

In filing an application, an individual shall furnish the director with the name and address of the individual's most recent separating employer and the individual's statement of the reason for separation from the employer. The director shall promptly notify the individual's most recent separating employer of the filing and request the reason for the individual's unemployment, unless that notice is not necessary under conditions the director establishes by rule. The director may request from the individual or any employer information necessary for the determination of the individual's right to benefits. The employer shall provide the information requested within ten working days after the request is sent. If an employer fails to provide requested information within ten working days, the director shall provide to the tax commissioner the individual's and employer's names, addresses, taxpayer identification numbers if available, and any additional information required by the tax commissioner. The tax commissioner shall confirm to the director whether the individual was included on the most recent annual return filed by the employer pursuant to division (F) of section 5747.07 of the Revised Code. The tax commissioner shall inform the director if the tax commissioner is unable to provide the requested confirmation. If necessary to ensure prompt determination and payment of benefits, the director shall base the determination on the information that is available.

An individual filing an application for determination of benefit rights shall disclose, at the time of filing, whether or not the individual owes child support obligations.

An individual filing an application for determination of benefit rights shall furnish proof of identity at the time of filing in the manner prescribed by the director.

The director shall include in each application for determination of benefit rights a question concerning whether an individual filing an application is unemployed due to an employer's use of any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including synthetic digital content.

An employer who lays off or separates within any seven-day period fifty or more individuals because of lack of work shall furnish notice to the director of the dates of layoff or separation ~~and~~, the approximate number of individuals being laid off or separated, and whether the layoffs or separations are due to the employer's use of any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including synthetic digital content. The notice shall be furnished at least three working days prior to the date of the first day of such layoff or separation. In addition, at the time of the layoff or separation the employer shall furnish to the individual and to the director information necessary to determine the individual's eligibility for unemployment compensation.

(D) DETERMINATION OF BENEFIT RIGHTS

The director shall promptly examine any application for determination of benefit rights. On the basis of the information available to the director under this chapter, the director shall determine whether or not the application is valid, and if valid, the date on which the benefit year shall commence and the weekly benefit amount. The director shall promptly notify the applicant, employers in the applicant's base period, and any other interested parties of the determination and the reasons for it. In addition, the determination issued to the claimant shall include the total amount of benefits payable. The determination issued to each chargeable base period employer shall include the total amount of benefits that may be charged to the employer's account.

(E) CLAIM FOR BENEFITS

The director shall examine the first claim and any additional claim for benefits. On the basis of the information available, the director shall determine whether the claimant's most recent separation and, to the extent necessary, prior separations from work, allow the claimant to qualify for benefits. Written notice of the determination granting or denying benefits shall be sent to the claimant, the most recent separating employer, and any other employer involved in the determination, except that written notice is not required to be sent to the claimant if the reason for separation is lack of work and the claim is allowed.

If the director identifies an eligibility issue, the director shall immediately send notice to the claimant of the issue identified, specify the week or weeks involved, and identify what the claimant must do to address the issue or who the claimant may contact for more information. The claimant has a minimum of five business days after the notice is sent to respond to the information included in the notice, and after the time allowed as determined by the director, the director shall make a determination. The claimant's response may include a request for a fact-finding interview when the eligibility issue is raised by an informant or source other than the claimant, or when the eligibility issue, if determined adversely, disqualifies the claimant for the duration of the claimant's period of unemployment.

When the determination of a continued claim for benefits results in a disallowed claim, the director shall notify the claimant of the disallowance and the reasons for it.

(F) ELIGIBILITY NOTICE

Any base period or subsequent employer of a claimant who has knowledge of specific facts affecting the claimant's right to receive benefits for any week may notify the director in writing of those facts. The director shall prescribe a form for such eligibility notice, but failure to use the form shall not preclude the director's examination of any notice.

To be considered valid, an eligibility notice must: contain in writing, a statement that identifies either a source who has firsthand knowledge of the information or an informant who can identify the source; provide specific and detailed information that may potentially disqualify the claimant; provide the name and address of the source or the informant; and appear to the director to be reliable and credible.

An eligibility notice is timely filed if received or postmarked prior to or within forty-five calendar days after the end of the week with respect to which a claim for benefits is filed by the claimant. An employer who timely files a valid eligibility notice shall be an interested party to the claim for benefits which is the subject of the notice.

The director shall consider the information contained in the eligibility notice, together with other available information. After giving the claimant notice and an opportunity to respond, the director shall make a determination and inform the notifying employer, the claimant, and other interested parties of the determination.

(G) CORRECTED DETERMINATION

If the director finds within the two hundred eight calendar weeks beginning with the Sunday of the week during which an application for benefit rights was filed that a determination made by the director was erroneous due to an error in an employer's report or any typographical or clerical error in the director's determination, or as shown by correct remuneration information received by the director, the director shall issue a corrected determination to all interested parties. The corrected determination shall take precedence over and void the prior determination of the director. The director shall not issue a corrected determination when the commission or a court has jurisdiction with respect to that determination.

(H) EFFECT OF COMMISSION DECISIONS

In making determinations, the director shall follow decisions of the unemployment compensation review commission which have become final with respect to claimants similarly situated.

(I) PROMPT PAYMENTS

If benefits are allowed by the director, a hearing officer, the commission, or a court, the director shall pay benefits promptly, notwithstanding any further appeal, provided that if benefits are denied on appeal, of which the parties have notice and an opportunity to be heard, the director shall withhold payment of benefits pending a decision on any further appeal.

Sec. 4145.01. As used in this chapter:

(A)(1) "Automated employment-related decision process" means a computational process that makes, assists in making, or is used in the course of making an employment-related decision. "Automated employment-related decision process" includes a computational process that does any of the following:

(a) Uses a computer-based assessment or test to make a predictive assessment concerning an applicant or employee, to measure the skills, dexterity, reaction time, or any other ability or characteristic of an applicant or employee, to measure the personality traits, aptitude, attitude, or cultural fit of an applicant or employee, or to screen, evaluate, categorize, or recommend an applicant or employee;

(b) Directs job advertisements or other recruiting materials to targeted groups;

(d) Analyzes a facial expression, word choice, or voice captured during an online interview;

(e) Analyzes data acquired from a third party concerning an applicant or employee.

(2) "Automated employment-related decision process" does not include any word processing, spreadsheet, map navigation, web hosting, domain registration, networking, caching, internet web site loading, data storage, firewall, antivirus, antimalware, spam and robocall filtering, spellchecking, calculator, database, or similar software or technology insofar as the software or technology does not make an employment-related decision.

(B) "Deploy" means to put an automated employment-related decision process into use.

(C) "Developer" means a person doing business in this state that develops, or intentionally and substantially modifies, an automated employment-related decision process.

(D) "Employee organization" has the same meaning as in section 4117.01 of the Revised Code.

(E) "Employer" means the state or any agency or instrumentality of the state or any municipal corporation, county, township, school district, or other political subdivision or any agency or instrumentality thereof.

(F) "Substantial factor" means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual. "Substantial factor" includes any use of an automated employment-related decision process to generate any content, decision, prediction, or recommendation concerning an individual that is used as a basis to make an employment-related decision concerning the individual.

(G) "Trade secret" has the same meaning as in section 1333.61 of the Revised Code.

Sec. 4145.02. (A) A developer of an automated employment-related decision process that is deployed in this state shall provide each employer that deploys that process with all information necessary for the employer to comply with sections 4145.03 to 4145.06 of the Revised Code.

(B) A developer may enter into a contract with an employer that deploys an automated employment-related decision process to assume any of the employer's duties under sections 4145.03 to 4145.06 of the Revised Code. If a developer and employer enter into a contract under this division, both of the following apply:

(1) The contract shall identify clearly which of the employer's duties the developer assumes.

(2) No provision of the contract that purports to waive or release liability described under division (B) of section 4145.12 of the Revised Code is enforceable.

Sec. 4145.03. An employer that deploys an automated employment-related decision process that interacts with an applicant or employee in this state shall disclose to each applicant or employee that the applicant or employee is interacting with the process.

Sec. 4145.04. (A) An employer that deploys an automated employment-related decision process, before collecting any personal data of an applicant or employee in this state for processing in the automated employment-related decision process, shall provide the applicant or employee with a written notice disclosing all of the following information:

(1) The purpose for which the employer is collecting the information;

(2) The categories of personal data that the employer intends to collect;

(3) The period during which the employer intends to retain the data collected;

(4) The category of persons who will have access to the data collected;

(5) Information regarding the applicant's or employee's right to opt out of the processing of personal data under division (B) of this section.

(B) An applicant or employee has a right to opt out of the processing of the applicant's or employee's personal data for purposes of profiling in furtherance of any automated decision that produces any legal or similarly significant effect concerning the applicant or employee.

Sec. 4145.05. (A) An employer that deploys an automated employment-related decision process to make, or be a substantial factor in making, an employment-related decision concerning an applicant or employee in this state shall, before making the decision, provide the applicant or employee with a written notice disclosing all of the following information:

(1) That the employer has deployed an automated employment-related decision process;

(2) The purpose of the automated employment-related decision process and the nature of the employment-related decision;

(3) Information regarding the applicant's or employee's right to opt out of the processing of personal data under division (B) of section 4145.04 of the Revised Code;

(4) The employer's contact information;

(5) The availability of human review under section 4145.07 of the Revised Code;

(6) Information regarding how the applicant or employee may request that the employer reevaluate the employment-related decision the employer made based in whole or in part on the automated employment-related decision process;

(7) A summary of the most recent bias audit required under section 4145.08 of the Revised Code;

(8) Information regarding how to request additional documentation or information concerning the automated employment-related decision process.

(B) An employer that is required to provide written notice under this section shall establish a process by which an applicant or employee may request the employer to reevaluate any employment-related decision the employer has made in whole or in part based on an automated employment-related decision process. If an applicant or employee requests a reevaluation, the employer shall comply with that process, reevaluate the decision, and notify the applicant or employee of the results of that reevaluation.

Sec. 4145.06. (A) An employer that deploys an automated employment-related decision process to make, or be a substantial factor in making, an adverse employment-related decision concerning an applicant or employee shall provide to the applicant or employee all of the following:

(1) A high-level statement disclosing the principal reason for making the decision, including the degree to which and the manner in which the automated employment-related decision process contributed to the decision, the type of data that were processed by the automated employment-related decision process to make, or be a substantial factor in making, the decision, and the source of that data;

(2) An opportunity to examine the data described in division (A)(1) of this section, correct any incorrect data, and appeal the decision to the employer;

(3) On request by the applicant or employee or the applicant's or employee's representative, a copy of the most recent bias audit required under section 4145.08 of the Revised Code.

(B) An appeal made under division (A)(2) of this section shall allow for human review in accordance with section 4145.07 of the Revised Code.

(C) An employer that is required to provide a statement to an applicant or employee under this section shall do all of the following:

(1) Provide the statement directly to the applicant or employee;

(2) Provide the statement in plain language;

(3) Provide the statement in all languages in which the employer, in the ordinary course of the employer's business, provides contracts, disclaimers, sales announcements, and other information to persons in the state;

(4) Provide the statement in a format that is accessible to individuals with disabilities.

Sec. 4145.07. (A) An employer that deploys an automated employment-related decision process to make, or be a substantial factor in making, an employment-related decision concerning an applicant or employee shall implement human review over the process by providing for sufficient time for the reviewer to review all of the following:

(1) The content, decisions, predictions, or recommendations generated by the automated employment-related decision process;

(2) The data on which the content, decisions, predictions, or recommendations are based;

(3) Any other information relevant to the content, decision, prediction, or recommendation in order to do both of the following:

(a) Confirm the accuracy of the data processed by the automated employment-related decision process;

(b) Modify or veto any content, decision, prediction, or recommendation generated by the automated employment-related decision process before making an adverse employment-related decision.

(B) No employer that deploys an automated employment-related decision process, in implementing the human review required under this section, shall use an individual to conduct the review unless all of the following apply:

(1) The individual has the authority to make or change an employment-related decision.

(2) The individual has completed training to understand the capabilities, limitations, and risks of the automated employment-related decision process, including patterns of bias, disparate impact, and data quality issues.

(3) The individual does not rely solely on the content, decision, prediction, or recommendation generated by the automated employment-related decision process to make a final or determinative employment-related decision.

(1) Establish procedures necessary to pause, correct, or reverse any erroneous or harmful content, decision, prediction, or recommendation generated by an automated employment-related decision process;

(2) Establish and maintain logs listing all human review reports and any interventions taken by an individual conducting a human review.

(D) No employer that deploys an automated employment-related decision process shall use the process to make an employment-related decision without human review over the decision.

Sec. 4145.08. (A) An employer, before deploying an automated employment-related decision process, shall contract with an independent auditor to conduct a bias audit of the process. The independent auditor shall conduct the bias audit not later than one year before the date on which the employer intends to deploy the automated employment-related decision process. Each year thereafter, the employer shall contract for a bias audit to be conducted.

(B) In conducting a bias audit of an automated employment-related decision process under this section, an independent auditor shall do all of the following:

(1) Evaluate the automated employment-related decision process performance and error rates across relevant subgroups;

(2) Assess disparate impact caused by the automated employment-related decision process against protected classes;

(3) Examine the sources of data processed by the automated employment-related decision process and the quality of content, decisions, predictions, or recommendations generated by the automated employment-related decision process;

(4) Evaluate the effects of any thresholds, scoring, or ranking criteria used by the automated employment-related decision process;

(5) Test for less discriminatory alternatives or adjustments to the automated employment-related decision process.

(C) No employer shall contract with an independent auditor for purposes of conducting a bias audit under this section if either of the following apply:

(1) The auditor has a financial or operational interest in the employer or developer of the automated employment-related decision process.

(2) The auditor has not been approved to conduct a bias audit in accordance with the rules adopted by the director of commerce under division (H) of this section.

(D)(1) Not later than thirty days after an independent auditor completes a bias audit, the employer shall do both of the following:

(a) File a bias audit report and a plain language summary of the report with the director in the form and manner the director prescribes;

(b) Publish the summary on the employer's internet web site in a place that is conspicuous and accessible to applicants and employees.

(2) An employer shall include in the plain language summary required under division (D)(1) of this section the methodology used to conduct the bias audit, the key findings and risks identified by the audit, and any corrective actions the employer has taken based on the audit.

(E) No employer shall deploy an automated employment-related decision process if the most recent bias audit conducted under this section identified any disparate impact caused by the process unless the employer demonstrates that the employer has implemented corrective actions approved by the director.

(F) Each employer shall maintain records relating to a bias audit conducted under this section for a period of not less than five years. The employer shall make the records available to the director on the director's request.

(G) If the director determines that an employer has violated any provision of this section, the director may issue an order suspending the employer's use of an automated employment-related decision process.

(H) The director may adopt rules in accordance with Chapter 119. of the Revised Code necessary to carry out this section, including rules that establish the minimum qualifications for independent auditors or the methodological requirements for bias audits conducted under this section. The director shall adopt rules in accordance with Chapter 119. of the Revised Code that do both of the following:

(1) Establish and implement a process to approve independent auditors for purposes of conducting a bias audit under this section;

(2) Define the terms "relevant subgroups," "disparate impact," and "protected classes."

(I) The director shall maintain a registry of auditors approved by the process established in rules the director adopts under division (H)(1) of this section.

Sec. 4145.09. No employer, developer, employee organization, or any other person shall discharge or in any manner discriminate or retaliate against any applicant or employee because the applicant or employee does any of the following:

(A) Files a complaint, provides information, or assists in an investigation or proceeding concerning any alleged violation of sections 4145.03 to 4145.08 of the Revised Code;

(B) Objects to or refuses to participate in any activity that the applicant or employee reasonably believes to be a violation of sections 4145.03 to 4145.08 of the Revised Code;

Sec. 4145.10. (A) No person shall be required to disclose any information that is a trade secret or otherwise protected from disclosure under state or federal law unless both of the following apply:

(1) Disclosing the information is necessary for an applicant or employee to exercise the applicant's or employee's rights granted under sections 4145.03 to 4145.08 of the Revised Code;

(2) The applicable state or federal law permits that disclosure.

(B) If a person withholds any information under division (A) of this section, the person shall send a notice to the person from whom the information is withheld. The notice shall disclose both of the following:

(1) That the person is withholding the information;

(2) The basis for the person's decision to withhold the information.

Sec. 4145.11. (A) If the attorney general, by the attorney general's own inquiries or as a result of a complaint, has reasonable cause to believe that any provision of sections 4145.03 to 4145.08 of the Revised Code has been violated, the attorney general may commence in any court of competent jurisdiction either of the following actions:

(1) An action to obtain a declaratory judgment that any provision of sections 4145.03 to 4145.08 of the Revised Code has been violated;

(2) An action, with notice as required by Civil Rule 65, to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain the violation, provided that the attorney general shows by a preponderance of the evidence that a violation has occurred;

(B) In an action commenced under division (A)(2) of this section, on the attorney general's motion, or on a court's own motion, the court may assess a civil penalty of not more than five thousand dollars for each day a violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under that division occurs, provided that the defendant received notice of the action.

(C) The attorney general shall not commence an action under this section for an alleged violation of any provision of sections 4145.03 to 4145.08 of the Revised Code more than two years after the violation allegedly occurred.

(D) The remedies available to the attorney general under this section are cumulative and concurrent, and the exercise of one remedy by the attorney general does not preclude or require the exercise of any other remedy.

Sec. 4145.12. (A) An applicant or employee aggrieved by a violation of any provision of sections 4145.03 to 4145.09 of the Revised Code, or an employee organization on behalf of the applicant or employee, may commence a civil action in any court of competent jurisdiction to recover damages or for any declaratory, injunctive, or equitable relief, including suspending the use of an automated employment-related decision process, together with costs and reasonable attorney's fees.

(B) An employer that deploys an automated employment-related decision process that violates any provision of sections 4145.03 to 4145.09 of the Revised Code, and the developer of that process, shall be jointly and severally liable in a civil action commenced under this section.

Sec. 4145.13. If an applicant or employee is represented by an employee organization, an employer, before testing, deploying, or materially modifying an automated employment-related decision process, shall provide written notice to the employee organization.

Section 2. That existing sections 4112.01, 4112.051, 4112.052, 4113.31, 4113.71, 4117.08, and 4141.28 of the Revised Code are hereby repealed.